Employment Law News for 'Employment Tribunals'

A Duck is a Duck – Obviously! If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck. But if the legislation says “(b)when the proceedings were begun…”, it’s not just probably, but clearly means “when… begun” – there’s no probably about it. […]

Voluntary Overtime Counts in Holiday Pay Calculations… Or at least Sometimes Overtime & “average pay” for holidays has always been a questionable area of employment law: as a worker should not be worse-off financially if they take annual leave, should overtime (voluntary or compulsory) be included in that calculation? Compulsory overtime was settled previously (this […]

TUPE Employee Liability Information Employee Payments Don’t have to be Identified as Contractual/Non-Contractual Employee Liability Information is important information that any employer should ensure they receive before accepting a TUPE transfer. (It’s shocking how often SME employers announce after the event that they didn’t concern themselves to receive this, or that they didn’t check […]

Great Repeal Bill Impact on Employment Law Following its notice to leave the EU, the government has now published a White Paper (an indication of legislation it intends to bring forward) to incorporate European law & case law (judgments) directly into UK legislation upon leaving the EU. The theory is simple: nothing will […]

ACAS Early Conciliation Can Happen Before the Event Under section 18A(1) Employment Tribunals Act 1996, a prospective claimant to an employment tribunal must first contact ACAS. There’s no obligation to actually engage in conciliation, but this formality needs to be satisfied before a relevant claim can be made to an employment tribunal. But can ACAS Early […]